The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

1. The main point of the grounds for appeal is as follows: (a) the lower court’s imprisonment (two years of imprisonment) is too unhued and unreasonable;

2. Prior to the judgment on the assertion of unfair sentencing by the ex officio, prior to the judgment on the argument of unfair sentencing by the prosecutor, the defendant, even though he did not have the ability to sell the commercial building, by deceiving the victims and deceiving them a total of KRW 326 million, and consumed all the money by means of living expenses, etc., and the judgment of the court below was rendered by service without agreement with the victims even though the date of sentence was postponed several times to reach an agreement with the victims, and the decision of the court below was rendered by public notice was not reached at the sentenced date, and the defendant was in a trial in bad faith, such as the absence at will on several occasions (the defendant asserted that he was not notified of his appearance through surgery, but the above argument was still pending before the surgery, and the defense counsel was appointed). In light of the fact that the crime of this case was committed again even though he had been punished for two years of suspended sentence by imprisonment with prison labor for each of the same crimes, the above argument is not reasonable).

However, in light of the fact that the defendant recognized all of the crimes of this case, the victims and victims do not want the punishment of the defendant when they came to the trial, the court below's punishment is too unreasonable in light of various sentencing conditions in the records, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, the means and result of the crime, etc.

3. As such, the lower court’s judgment is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor’s assertion on the grounds of unfair sentencing, while the prosecutor appealeds only on the grounds of unfair sentencing, and the lower judgment is again decided as follows.

Supreme Court Decision 9 December 9, 2010